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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Notices iii For partnership purchasers, that the term of the partnership extends at least through the latest maturity of all proposed RHS debt.
iv That the organizational documents require prior written RHS
approval for any of the following:
Withdrawal of a general partner/
managing member, admission of a general partner/managing member, amending the organizational documents, and selling all or substantially all of the assets of the purchaser.
18 Acceptable appraisal. Applicants should contact RHS to discuss the appraisal requirements including the Statement of Work SOW prior to engaging an appraiser. Appraisals prepared for any other participants or lenders may not satisfy RHS SOW
requirements and may require the applicant to incur additional costs.
Please contact RHS at MFHprocessing1@
usda.gov to obtain a SOW prior to ordering the appraisal.
19 An acceptable Post Construction Capital Needs Assessment CNA. The minimum requirements for a CNA
acceptable to RHS can be found in Attachment B, CNA SOW. This is supplemented by Attachment C, Fannie Mae Physical Needs Assessment Guidance to the Property Evaluator. The CNA report must be obtained by the CNA recipient from an independent third-party CNA provider that has no identity of interest with the property owner, management agent, applicant or any other principle or affiliate. The CNA
recipient will contract with the CNA
provider and is therefore, the client of the provider. However, the CNA
recipient must consult with RHS, before contracting with a CNA provider to review Guidance Regarding Contracting for a CNA. The RHS CNA reviewer will evaluate a proposed agreement or engagement letter between the CNA
recipient and the CNA provider using Attachment D, CNA Guidance to the Reviewer, prior to reviewing any CNA
report. Unacceptable CNA proposals, contracts or reports will be returned to the CNA recipient for appropriate corrections before they will be used for any underwriting determinations. The CNA reviewer will also review the cost of the CNA contract. In most cases, the CNA service contract amount has not exceeded $3,500 based on RHSs most recent cost analysis. Borrowers and applicants are encouraged to obtain multiple bids in all cases. However, there is no RHS requirement to select the low bidder. All of the information and requirements, including the CNA
Template that the CNA must be submitted on, can be found at: https

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www.rd.usda.gov/programs-services/
multi-family-housing-direct-loans.
20 Final plans and specifications along with the proposed manner of construction, if available. The housing must meet RHSs design and construction standards contained in 7
CFR part 1924, subparts A and C, and must also meet all applicable Federal, state, and local accessibility standards and be in compliance with all building codes. The final plans and specifications along with the proposed manner of construction must be submitted prior to the approval of the final application.
21 Final construction planning, bidding, and contract documents, including the construction contract and architectural agreement, etc., if available. The final construction planning, bidding, and contract documents, including the construction contract and architectural agreement, etc., must be submitted prior to the approval of the final application.
22 Environmental information in accordance with the requirements in 7
CFR part 1970. The applicant should consult with RHS to determine the appropriate level of environmental review and to obtain publicly available resources at the earliest possible time for guidance in identifying all relevant environmental issues that must be addressed and considered during early project planning and design throughout the process. Requests for consult meetings can be sent to the following email address: MFHprocessing1@
usda.gov. The applicant is responsible for preparing and submitting the environmental review document in accordance with the format and standards provided by RHS in 7 CFR
part 1970. Applicants may employ a design or environmental professional or technical service provider to assist them in the preparation of their environmental review documents at their own expense. The levels of review are as follows:
i Categorical Exclusion without an Environmental Report 7 CFR 1970.53.
This level of review is generally required for proposals for financial assistance that involve minimal alternations in the physical environment and typically occur on previously disturbed land.
ii Categorical Exclusion with an Environmental Report 7 CFR 1970.54.
This level of review is generally required for proposals for financial assistance that require an applicant to submit an environmental report with their application to facilitate RHSs determination of extraordinary circumstances. This level of review
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would apply to proposals where site development activities for rural development purposes would impact not more than 10 acres of real property and would not cause a substantial increase in traffic.
iii Environmental Assessment 7
CFR part 1970, subpart C.
This level of review is generally required for proposals for financial assistance that do not fall within the categories listed in 1970.53 or 1970.54.
The information above applies generally and cannot be used as official guidance, as stated above, please contact RHS to determine the appropriate level of environmental review before developing the report.
23 The environmental information must include evidence of compliance with the requirements of the applicable State Housing Preservation Office SHPO, and/or Tribal Historic Preservation Officer THPO. A letter from the SHPO and/or THPO where the Off-FLH project is located signed by their designee will serve as evidence of compliance.
24 If leveraged funds are going to be used and are in the form of LIHTC, the applicant must include in the final application a firm commitment letter from the HFA, if available. The firm commitment letter from the HFA must be submitted prior to the approval of the final application. If the applicant is unable to secure a firm commitment letter from the HFA in order to submit it to RHS to meet the deadlines stated in this Notice, the application will be deemed incomplete and the applicant will be notified in writing that the application will not be considered for funding. Additionally, the applicant will be required to submit a letter of intent or commitment from the investor or syndicator for the purchase of the LIHTC prior to the approval of the final application.
25 All applications that propose the use of any leveraged funds must submit firm commitment letters within their final application, if available. This includes any interim lender commitment letters with evidence of license to do business in the applicable state. If the applicant is unable to secure firm commitment letters from the funding sources in order to submit them to RHS to meet the deadlines stated in this Notice, the application will be deemed incomplete and the applicant will be notified in writing that the application will not be considered for funding.
26 Current Preliminary title insurance commitment/binder.

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